The Silver Fox Company Pty Ltd as Trustee for the Baker Family Trust (ACN 083 629 225) v Lenard's Pty Ltd (ACN 010 711 145) (No 4) [2004] FCA 1662

FEDERAL COURT OF AUSTRALIA

The Silver Fox Company Pty Ltd as Trustee for the Baker Family Trust (ACN 083 629 225) v Lenard's Pty Ltd (ACN 010 711 145) (No 4) [2004] FCA 1662

PRACTICE AND PROCEDURE – stay of orders pending an appeal – judgment for the payment of money – successful applicant without means to defend appeal – undertaking given by applicant to hold judgment money pending the appeal and only to use such part of it as is reasonably necessary to defend the appeal THE SILVER FOX COMPANY PTY LTD AS TRUSTEE FOR THE BAKER FAMILY TRUST (ACN 083 629 225), BRYAN WILLIAM BAKER & BEVERLY ANN BAKER v LENARD'S PTY LTD (ACN 010 711 145), THE POULTRY SHOP LEASING (SA) PTY LTD (ACN 060 052 020), POULET FRAIS PTY LTD (ACN 059 852 265) & RICHARD HAMOOD No S 70 of 2001 FINN J ADELAIDE 13 DECEMBER 2004

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 70 OF 2001

BETWEEN: THE SILVER FOX COMPANY PTY LTD AS TRUSTEE FOR THE BAKER FAMILY TRUST

ACN 083 629 225

FIRST APPLICANT

BRYAN WILLIAM BAKER

SECOND APPLICANT

BEVERLY ANN BAKER

THIRD APPLICANT

AND: LENARD'S PTY LTD

ACN 010 711 145

FIRST RESPONDENT

THE POULTRY SHOP LEASING (SA) PTY LTD

ACN 060 052 020

SECOND RESPONDENT

POULET FRAIS PTY LTD

ACN 059 852 265

THIRD RESPONDENT

RICHARD HAMOOD

FOURTH RESPONDENT JUDGE: FINN J

DATE OF ORDER: 13 DECEMBER 2004

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: On the applicant's undertaking that - (i) they will not seek to enforce the costs order pending the determination of the appeal; and (ii) they will hold the judgment moneys paid pending the appeal, using only such part of it as is reasonably necessary to defend the appeal. 1. The first respondent's notice of motion dated 2 December 2004 and the third and fourth respondents' notice of motion dated 1 December 2003 be dismissed.